To view or download the 2019 Supplement to this book, click here. The public trust doctrine (PTD), an ancient anti-monopoly precept of property law inherited from Roman and civil law, exists in every United States jurisdiction and several international ones. The PTD, originally concerned with navigation and fishing, has emerged as an organizing principle for natural resources management in the twenty-first century, for it posits government trustees as stewards for both present and future generations. This casebook examines the role of the public trust doctrine in managing waterways, wetlands, water rights, wildlife, the atmosphere, and uplands like beaches and parks. The materials are suited for either an upper-division environmental or natural resources law course or a seminar. The second edition includes important new cases, including the Pennsylvania Supreme Court's landmark Robinson Township decision, the Wisconsin Supreme Court's narrowing of the public trust doctrine in Rock Koshkonong, and several recent cases in the atmospheric trust litigation.

How did Chicago, a city known for commerce, come to have such a splendid public waterfront—its most treasured asset? Lakefront reveals a story of social, political, and legal conflict in which private and public rights have clashed repeatedly over time, only to produce, as a kind of miracle, a generally happy ending. Joseph D. Kearney and Thomas W. Merrill study the lakefront's evolution from the middle of the nineteenth century to the twenty-first. Their findings have significance for understanding not only Chicago's history but also the law's part in determining the future of significant urban resources such as waterfronts. The Chicago lakefront is where the American public trust doctrine, holding certain public resources off limits to private development, was born. This book describes the circumstances that gave rise to the doctrine and its fluctuating importance over time, and reveals how it was resurrected in the later twentieth century to become the primary principle for mediating clashes between public and private lakefront rights. Lakefront compares the effectiveness of the public trust idea to other property doctrines, and assesses the role of the law as compared with more institutional developments, such as the emergence of sanitary commissions and park districts, in securing the protection of the lakefront for public uses. By charting its history, Kearney and Merrill demonstrate that the lakefront's current status is in part a product of individuals and events unique to Chicago. But technological changes, and a transformation in social values in favor of recreational and preservationist uses, also have been critical. Throughout, the law, while also in a state of continual change, has played at least a supporting role.

This book exposes the dysfunction of environmental law and offers a transformative approach based on the public trust doctrine. An ancient and enduring principle, the public trust doctrine empowers citizens to protect their inalienable property rights to crucial resources. This book shows how a trust principle can apply from the local to global level to protect the planet.

Hardbound - New, hardbound print book.

Australia's Northern Territory is twice the size of Texas with a population less than one-tenth that of Houston. How could so vast a place be a setting for environmental abuse? American anthropologist Richard Symanski shows how the Outback's ecology has been drastically altered as Europeans, Aborigines, wild species, and introduced species make their impact on the land and on each other.

This report examines the influence of trust on policy making and explores some of the steps governments can take to strengthen public trust.

Public opinion polls suggest that American's trust in the police and courts is declining. The same polls also reveal a disturbing racial divide, with minorities expressing greater levels of distrust than whites. Practices such as racial profiling, zero-tolerance and three-strikes laws, the use of excessive force, and harsh punishments for minor drug crimes all contribute to perceptions of injustice. In Trust in the Law, psychologists Tom R. Tyler and Yuen J. Huo present a compelling argument that effective law enforcement requires the active engagement and participation of the communities it serves, and argue for a cooperative approach to law enforcement that appeals to people's sense of fair play, even if the outcomes are not always those with which they agree. Based on a wide-ranging survey of citizens who had recent contact with the police or courts in Oakland and Los Angeles, Trust in the Law examines the sources of people's favorable and unfavorable reactions to their encounters with legal authorities. Tyler and Huo address the issue from a variety of angles: the psychology of decision acceptance, the importance of individual personal experiences, and the role of ethnic group identification. They find that people react primarily to whether or not they are treated with dignity and respect, and the degree to which they feel they have been treated fairly helps to shape their acceptance of the legal process. Their findings show significantly less willingness on the part of minority group members who feel they have been treated unfairly to trust the motives to subsequent legal decisions of law enforcement authorities. Since most people in the study generalize from their personal experiences with individual police officers and judges, Tyler and Huo suggest that gaining maximum cooperation and consent of the public depends upon fair and transparent decision-making and treatment on the part of law enforcement officers. Tyler and Huo conclude that the best way to encourage compliance with the law is for legal authorities to implement programs that foster a sense of personal involvement and responsibility. For example, community policing programs, in which the local population is actively engaged in monitoring its own neighborhood, have been shown to be an effective tool in improving police-community relationships. Cooperation between legal authorities and community members is a much discussed but often elusive goal. Trust in the Law shows that legal authorities can behave in ways that encourage the voluntary acceptance of their directives, while also building trust and confidence in the overall legitimacy of the police and courts. A Volume in the Russell Sage Foundation Series on Trust

It has been claimed by fertility experts that embryos can be screened for 6,000 diseases, thereby the risk of x-linked diseases can be minimised by 'cherry-picking' male embryos that do not carry the abnormal gene. If medical scientists continue to strive for cures, genetic aberrance in human could be a phenomenon of the past...This challenging book explores issues of professional integrity and ethics underpinning medical research. It includes real-life case studies where public trust in medical research has been misplaced and encourages medical professionals to adhere to professional codes of conduct and be informed about their decision making process. It is vital reading for undergraduate and postgraduate students of medicine, law, sociology and social policy, philosophy, health related research and ethics. Practising researchers in medicine and the pharmaceutical industry, and their managers will find it invaluable. The text provides motivation for academics and educators with an interest in research and governance. Healthcare policy makers and shapers, patient rights groups, campaigners and the general media will find the information enlightening. "Over the last four decades, medicine has given hope to many people and saved many lives as a result of the ability of the physicians and surgeons to develop new treatments and innovative surgical techniques. While we can celebrate the success of medical science, we should also critically examine some of these developments against principles and in the light of public opinion." - Philip Cheung.

Social enterprises represent a new kind of venture, dedicated to pursuing profits for owners and benefits for society. Social Enterprise Law provides tools that will allow them to raise the capital they need to flourish. Social Enterprise Law weaves innovation in contract and corporate governance into powerful protections against insiders sacrificing goals such as environmental sustainability in the pursuit of short-term profits. Creating a stable balance between financial returns and public benefits will allow social entrepreneurs to team up with impact investors that share their vision of a double bottom line. Brakman Reiser and Dean show how novel legal technologies can allow social enterprises to access capital markets, including unconventional sources such as crowdfunding. With its straightforward insights into complex areas of the law, the book shows how a social mission can even be shielded from the turbulence of an acquisition or bankruptcy. It also shows why, as the metrics available to measure the impact of social missions on individuals and communities become more sophisticated, such legal innovations will continue to become more robust. By providing a comprehensive survey of the U.S. laws and a bold vision for how legal institutions across the globe could be reformed, this book offers new insights and approaches to help social enterprises raise the capital they need to flourish. It offers a rich guide for students, entrepreneurs, investors, and practitioners.